Gota’s CA application on Avant-Garde case re-fixed for 22 March

Friday, 23 March 2018 00:00 - - {{hitsCtrl.values.hits}}

By S.S. Selvanayagam

The Court of Appeal yesterday (22) re-fixed for support on 25 May for notice the Revision Application filed by former Defence Secretary Gotabaya Rajapaksa.

The Bench comprised Justices P. Padman Surasena (President/CA) and Shiran Gooneratne.

Petitioner Gotabhaya Rajapakse filed a Revision Application in the Court of Appeal on the High Court rejection of his application sought to acquit and release him from the Avant-Garde case. He cited the Director General of Bribery Commission as complainant-Respondent and Sujatha Damayanthi Jayaratne, Piyasiri Fernando, Banda Fernando Egodawela, Somathilake Dissanayake, Nissanka Yapa Senadhipathy, Kumarasiri Kolambage and Jayantha Perera as Accused-Respondents.

He states the Director General of Bribery Commission instituted proceedings in the Colombo Magistrate’s Court.

He states on the first opportunity available, his Counsel moved Court to raise a preliminary objection on the maintainability of the action wherein it was contended that the complainant had failed to satisfy a mandatory prerequisite, namely written sanction of the Commission.

He states the Magistrate on 17 November 2017 overruled the preliminary objections and moved to read the charges and ordered the suspects to record their plea for the charges which were read out in open Court.

Being aggrieved by the said orders of the Magistrate, he filed application in the Colombo High Court for revisionary jurisdiction.

The High Court Judge on 2 February by his order refused to issue notices and dismissed the petition.

Being aggrieved with this order he now filed a revision application in the Court of Appeal seeking to stay the proceedings in the Magistrate’s Court until the final determination of this petition and to revise/set aside the orders of the High Court and allow him to revise the Magistrate’s Court order.